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2026 DAILYLAW 295 (PAT)

Aashik yadav @ Pushpa v. The State of Bihar

CR. MISC./18541/2026 · 2026-04-08

Anil Kumar Sinha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18541 of 2026 Arising Out of PS. Case No.-12 Year-2026 Thana- MIRGANJ District- Gopalganj ====================================================== Aashik yadav @ Pushpa Son of Vindhachal yadav Resident Of Village- Kharuni Briti tola, Ps- Mirganj, Dist- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Deepankar Raj For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 08-04-2026 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application for grant of anticipatory bail arises out of Mirganj Police Station Case No. 12 of 2026, dated 08.01.2026, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. The prosecution case, as per the First Information Report, is that on 08.01.2026, at about 04:15 PM, the police reached near Ekdanga Mathia Tin Mohani and started vehicle check and saw a person coming on a motorcycle, having two plastic sacks tied on it and on seeing the police, the person, riding the motorcycle, left the motorcycle and succeeded in fleeing away. On search of the motorcycle, the police recovered 72 litres of illicit Patna High Court CR. MISC. No.18541 of 2026(2) dt.08-04-2026 2/3 liquor from the two plastic sacks tied with the motorcycle. 4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the local chowkidar. He further submits that the petitioner has got no concern with the illicit liquor recovered inasmuch as the motorcycle, in question, does not belong to the motorcycle. The petitioner is having no criminal antecedent. 5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the name of the petitioner has transpired in this case on the disclosure of his name by the local chowkidar and the motorcycle, in question, does not belong to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Patna High Court CR. MISC. No.18541 of 2026(2) dt.08-04-2026 3/3 Court No. 2, Gopalganj, in connection with Mirganj Police Station Case No. 12 of 2026, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √